991. By letter dated 2 September 2002, the Special Rapporteur advised the Government that he had received information according to which in response to attacks on dozens of security personnel by Maoists in November 2001, the Government had declared a nationwide emergency. The declaration of the state of emergency was reportedly accompanied by the suspension of sub-clauses (a), (b) and (d) of clause (2) of Article 12, clause (1) of Article 13 and Articles 15, 16, 17, 22 and 23 of the Constitution of Nepal. The rights contained in these clauses - the rights to freedom of thought and expression, assembly and movement, the right not to be held in preventive detention without sufficient ground, and the rights to information, property, privacy and constitutional remedy - were said to have been suspended throughout the whole country. On 21 February 2002, the Parliament reportedly extended the state of emergency by three months. According to the information received, the army has been allowed to detain people for up to 48 hours, possibly at undisclosed locations and without any safeguards otherwise guaranteed under the Nepalese law. The King of Nepal reportedly also announced the Terrorist and Disruptive Activities (Prevention and Control) Ordinance 2001 which is said to grant wide powers to arrest people involved in “terrorist” activities. It is furthermore said to allow detention without charge for up to 90 days, with possible extension to 180 days. The Communist Party of Nepal (CPN) (Maoist) was declared a “terrorist organization” under this Ordinance. Since its promulgation, dozens of people, including lawyers, students and teachers, have reportedly been arrested throughout the country on suspicion of being members or sympathizers of the CPN (Maoist). While the right of habeas corpus is not suspended, it is alleged that lawyers fear to exercise this right since it is believed that they may themselves then be arrested under the Ordinance for “supporting terrorism”.
992. After the breakdown in the talks between the Government and the Maoists and the deployment of the army in late November 2001, more than 2,500 people were said to have been arrested on suspicion of being members or supporters of the CPN (Maoist) and, most of the time, have been held by the army and police in incommunicado detention in unknown locations or in unacknowledged detention. Relatives were reported to have been unable to obtain information regarding their whereabouts for several days, sometimes weeks. The police unit allegedly responsible for detaining such suspects in urban areas is said to be called the “anti-terrorist unit”, also referred to as the “striking force”. Unofficial places of detention are said to include the Kathmandu Deputy Superintendent of Police’s office in the Hanuman Dhoka police station; the “Anti-Terrorist Unit” in the premises of the National Police Academy in Maharajgunj, Kathmandu; and the Regional Police Training Centres in Kakani near Kathmandu, in Pokhara, Kaski district, in Nepalgunj, Mid-Western Region and in Biratnagar, Eastern Region.
993. Police and army are said to have pressurized human rights organizations to refrain from investigating complaints of human rights violations, including torture and other forms of ill- treatment. A number of lawyers representing people charged in connection with Maoist activities or involved in torture compensation cases have reportedly received threats. After the declaration of the state of emergency, human rights groups are said to have had their ability to operate freely and to verify allegations of serious human rights violations, including torture, undermined by the government.
994. Successive governments have reportedly failed to ensure that proper investigations are carried out in cases of human rights violations. In cases where investigations have been carried out, they were reportedly done by the police, the army or by officials of the Ministry of Home Affairs or Ministry of Defence, under whose authority the police and army respectively function. Apart from the National Human Rights Commission, there is said to be no permanent mechanism to investigate independently allegations of human rights violations by the police or army. As a result, it is said hat very few alleged perpetrators of human rights violations have been brought to justice. Police are said to frequently refuse to allow injured detainees to see a doctor or delay doing so for several days, by which time signs of torture are more difficult to ascertain. Victims are also said to be often threatened by police officers not to complain to a doctor about ill-treatment or torture. In addition, police officers are said to often remain present during the prisoner’s examination.
995. Torture methods are said to include beatings of the feet (falanga) with bamboo sticks, iron or PVC pipes; the rolling of a weighted bamboo stick or other round object along the prisoner’s thighs, resulting in muscle damage (belana); the simultaneous boxing on the ears (telephono); rape; electric shocks; and beatings with nettles. There have also been reports of mock executions and people being buried alive up to their necks in a pit they were forced to dig themselves. Beatings with nettles is said to be often inflicted on women, particularly on their breasts and genitals.
996. In particular, the Special Rapporteur advised the Government that he had received information on the following individual cases.
997. Suk Bahadur Lama was reportedly arrested on a criminal charge and died as a result of injuries allegedly as a result of the treatment he was subjected to during six consecutive days at Kawasoti Ilaka police post, Nawalparasi district in August 1999. A post-mortem reportedly found that he had multiple burn injuries on both feet, cauterized abrasions on the upper back, and contusions on the body, legs and soles of the feet. Eight police officers were allegedly suspected and were said to have been released on condition of appearing in court when required, pending the commencement of their trial. On 6 November 2001 all police officers charged with his murder were allegedly acquitted by the Nawalparasi court.
998. Lal Bahadur Tamang, Subit Tamang, Ran Bahadur, Yaman Singh Lama and Krishna Bahadur Tamang were reportedly arrested on 5 April 2002 in Balaju, Kathmandu. At the Kerkar Sakha (interrogation section) at Hanuman Dhoka Police station, Kathmandu, they were allegedly questioned about allegations of forgery, which they reportedly denied. Subsequently the officers are said to have forced them to lie down, beat them with a stick on their back, buttocks, hands, and the back of their thighs and legs. All of them reportedly sustained bruises and contusions as a result. On 7 April 2002, all of them were reportedly taken to the office of the Chief District Officer, and were charged under the Public Offences Act. They were said to have only received food after they had appeared in court. Police are said not to have taken any of them to see a doctor as required under Article 3 Torture Compensation Act (TCA).
999. Sarita Chapagain Sharma was reportedly assaulted and threatened by security officials on 12 March 2002 in Kohalpur Bazaar, Banke district. When she, the security personnel reportedly pulled her by the hair and kicked her. They are also said to have dragged her 11-year old son out of the room. Two of the security officers then reportedly pointed their guns at her chest and demanded that she hand over money that they claimed belonged to Maoist rebels, which she denied having in her possession. As a result of being threatened with death, she reportedly gave them 25,000 Rupees.
1000. Sanjit Danel was reportedly arrested on 9 February 2002 by some policemen in plainclothes accusing him of having thrown stones at an army vehicle. He was reportedly taken to Kalopul police post in Kathmandu, before being taken to the Kamal Pokhari Area Police Office. There, he is said to have looked very weak and to have born marks of ill-treatment, such as bruises, as a result of having been severely beaten with a bamboo stick and kicked with boots on his head, chest and hands at Kamal Pokhari Area Police Office. On 13 February, an inspector allegedly asked his mother to deposit 8,000 Rupees for his release. Sanjit Danel was subsequently released. On 25 March 2002, his father reportedly filed a case under the TCA at the Kathmandu district court. The court registrar is said to have refused to register the case unless the father deposit a court fee as required when filing a civil case. His lawyers submitted that cases under the TCA were not civil cases. However, the registrar refused to lodge the case. After the lawyers challenged this before the court itself and submitted to the judge that he should consider torture as a criminal offence by referring to court decisions in other countries and provisions of international treaties, the case was finally allowed to be filed without payment of court fee.
1001. Chhabilal Adhikari was reportedly tortured by police who arrested him on 20 December 2001. Police reportedly blindfolded him and put him in a trench for a whole night. The next day, during interrogation about the activities of the Maoists in his village, he was reportedly whipped on his head and feet, as a result of which he lost consciousness. He was said to have been released on bail after 21 days, allegedly while still unconscious. The police reportedly ordered his relatives to sign a document stating he was in good health. Chhabilal Adhikari was admitted to hospital.
1002. Gulam Mohammed Safi, originally from Kashmir, India, was reportedly arrested on 16 August 2000 by five armed police officers in plain clothes in Bhaktapur. He was reportedly taken to an unacknowledged place of detention, where he is said to have been severely beaten. His present whereabouts were said to be unknown. It was suspected that he may have been handed over to the Indian authorities for questioning in connection with activities of Kashmiri militants.
1003. Bishnu Pukar Shrestha, a member of the Nepal Bar Association, who had spoken out against the increasing number of “disappearances”, was reportedly arrested by plainclothes police officers on 2 September 1999 in Kathmandu. His whereabouts remained unknown for 10 months. It is, however, believed that he was held incommunicado by the “Anti-Terrorist Unit”' within the premises of the National Police Academy at Maharajgunj, Kathmandu, an alleged secret place of detention. During interrogation, Bishnu Pukar Shrestha was reportedly tied to a chair, laid on the ground and subjected to falanga. He was reportedly released on 6 or 7 July 2000.
1004. The Special Rapporteur advised the Government that he had received a number of cases involving allegations of torture at Hanuman Dhoka Police Station. Police officers at this police station are said not to have taken detainees to a doctor as required under Article 3 of the Torture Compensation Act (TCA); nor were reports of the check-up of the physical condition of the detainees by the police itself submitted to the court as required under the same article in case it is not possible to take a detainee to see a doctor. In particular, the Special Rapporteur transmitted information on the following individual cases.
1005. Basudev Subedi was reportedly arrested on 18 March 2002. He was reportedly taken to Hanuman Dhoka police station. He was reportedly not taken to court until two weeks after his arrest. During detention, he was said to have been beaten on his knees, back and hands with a rubber hose (sometimes with an iron rod inserted into it), sticks and a hammer for six days for about half an hour per day. Police reportedly did not take him to see a doctor as required under Article 3 of the TCA. He was furthermore not allowed visits from his family members during the first two weeks. In custody, he was reportedly detained in a room with 12 other detainees leaving insufficient space for all of them to sleep.
1006. Manila Gurung was reportedly arrested on 26 March 2002 in Kathmandu and taken to the Sorakhutte Wada police custody. She was reportedly transferred to Hanuman Dhoka police station. At Sorakhutte Wada police custody, an inspector is said to have forcefully kicked her and made her lie down on the floor after which he kicked her for some time. At Hanuman Dhoka police station, she was allegedly beaten with a stick on her hand. She was reportedly asked to sign a statement without having the opportunity to read it. As a result of the treatment she was allegedly subjected to, she is said to have been suffering from chest and back pain.
1007. Bishnu Tiwari was reportedly arrested on 15 February 2002 by police officers in plainclothes. He was reportedly taken to Hanuman Dhoka police station. When he failed to provide the required information on thefts, his hands were reportedly tied behind his back and he was forced to lie down on the floor and beaten on the soles of his feet with a rubber hose (sometimes with an iron rod inserted into it) for two hours. Police officers reportedly also beat him on his legs, back and thighs with sticks. He was said to have been beaten in the same manner for two days. He was reportedly denied food for four days. He was taken to the court on 6 March 2002, nineteen days after his arrest, contrary to the Constitution which reportedly prescribes that detainees have to be produced before a judicial authority within 24 hours of their arrest. The police reportedly did not take him to see a doctor as required under Article 3 of the TCA. He was furthermore reportedly asked to sign a paper which he was not allowed to read.
1008. Chandra Kumar Sunuwar was reportedly arrested on 16 February 2002 in Patan. He was reportedly taken to Hanuman Dhoka police station. Police officers reportedly did not take him to see a doctor as required under Article 3 of the TCA. After his arrest, he was said to have been punched by police on the way to the police station. In police custody, both of his hands were reportedly tied to a hook on the wall and he was beaten with a rubber hose (sometimes with an iron rod inserted into it) on his buttocks, thighs, legs and back. Three policemen reportedly beat him in a same manner for three days. In detention, he was reportedly not provided with food for several days. He was taken to the court on 6 March 2002.
1009. Tirtha Lama was reportedly arrested in his room by some policemen on 26 February 2002. He was reportedly taken him to Hanuman Dhoka police station “for investigation”. He was reportedly taken to the Kerkar Sakha (interrogation section). When he denied any knowledge of the theft he was accused of, his legs were reportedly tied together and officers are said to have beat him on the soles of his feet with a rubber hose (sometimes with an iron rod inserted into it). He was reportedly also subjected to method referred to as belana). Three police officers beat him with sticks, hit and kicked him. He was reportedly beaten at least for seven days during interrogation in the same manner and fainted many times. As a result, he reportedly made a confession. On 6 March 2002, he was reportedly taken to the court. The judge reportedly ordered the police to take him to a hospital for a thorough medical checkup. Three days after the court order, police finally took him to Bir Hospital. As Thirtha Lama did not have money to buy it, he could not obtain the medication. The doctor reportedly directed him to return to the hospital for a check- up but police are said to have refused to take him.
1010. Guddu Barma was reportedly arrested on 29 June 2002 at the Maitidevi temple and subsequently interrogated in connection with murders. He was reportedly taken to Kamalpokhari Police Station where he was kept for one day before being transferred to Hanuman Dhoka Custody. While in custody, he was reportedly kicked and beaten with a plastic pipe and a wooden stick for about 15 days. He reportedly confessed as a result. He had reportedly been beaten in front of the prosecutor, been denied medical attention in custody, and had not been provided with food during his detention. He was reportedly taken to court 20 days after his arrest.
1011. Shankar Karki was reportedly arrested by the police on 6 July 2002. He was said to have been taken to Hanuman Dhoka Custody for interrogation, having been charged with theft. The next day, he was allegedly beaten with a wooden stick on the soles of his feet, arms, palms and back. The police is also said to have kicked him on his thighs and slapped his face. He was said to have been taken to court 23 days after his arrest. Although he allegedly bore visible signs of torture, the judge reportedly did not raise the question of how he had sustained these injuries.
1012. Krishana Prasad Kafle was reportedly arrested on 25 June 2002, on suspicion of being involved in trafficking girls. He was reportedly taken to Krisha na Nagar police station where he was allegedly later beaten by drunken policemen. He was reportedly punched, slapped, beaten with a wooden stick and kicked to his buttocks, back, chest and thighs. He was reportedly also pulled by his hair and thrown against the cell walls. After 22 days of detention, he was transferred to Hanuman Dhoka Custody. He was reportedly taken to court 23 days after his arrest. The judge is said to have ordered the police to take him to the hospital for a medical check-up, but they are said to have ignored the order for several days.
1013. Kamal Thakuri was reportedly arrested on 5 July 2002 on suspicion of theft, and taken to Sankhu Police Station where he was kept for one day, during which time he was said to have been slapped and beaten with a wooden stick on the soles of his feet and on his back. The next day he was reportedly transferred to Hanuman Dhoka Custody, where three policemen allegedly beat him on his soles, palms and back with a plastic pipe during interrogation. He was reportedly taken to court 14 days after his arrest and given money for food thereafter.
1014. Govinda Acharya, Khil Bahadur Bhandari, Seepak Sapkota, Dipendra Rokaya, Manarishi Dhital, Ram Bhakta Maharjan, all working for the Janadesh weekly, Ishwor Chandra Gyawaki and Nim Bahadur Budhatoki, managing editor and computer operator respectively of the Dishabodh monthly, Om Sharm, Janadisha daily’s editor and Deepak Mainali were reportedly arrested on 26 November 2001. The journalists, who allegedly work for Maoist publications, were held in solitary confinement for 26 days before being transferred to Bhadragol Prison, in Katmandu.
1015. Bijay Raj Acharya, the owner of a publishing house specialized in children’s literature and political works, was reportedly arrested on 9 January 2002 by a group of army and police officers. He is alleged to have been first taken to Singha Durbar police station in Katmandu and transferred to the Balaju army barracks two days later. He was allegedly blindfolded, his hands and legs were tied and he was subjected to electric shocks.
1016. Krishna Sen, a journalist, was reportedly arrested on 20 May 2002 by security personnel. He was reportedly detained incommunicado at an unknown location and is said to have died in custody. It is believed that the funeral rites were completed by the Nepalese authorities without the presence and knowledge of his family.
1017. Finally, the Special Rapporteur ha transmitted information regarding the conditions of detention in the Chisapani Barrack, Banke District. Detainees are said to be given neither a bed nor food for the first two or three days and they are kept alone while their statements are taken. Male and female detainees are reportedly kept in the same cells and male detainees are believed to be stripped naked, beaten and forced to walk, naked, for collecting water where women are present. It is alleged that detainees are not allowed to raise their heads to look around in the barrack. Men are believed to be beaten, in particular on the sensitive organs of their bodies, with rubber batons. Before being released, most of the detainees are allegedly threatened with death not to disclose information about the treatment they have been subjected to during their detention.
1018. By letter dated 2 September 2002, the Special Rapporteur, jointly with the Special Rapporteur on extrajudicial, summary or arbitrary executions, advised the Government that he had received information regarding Ram "Volta" Prakash Yadhav, Birenda Yadav and Ram Sagar Swornakar were reportedly killed by policemen on 24 July 2002 by plainclothes policemen, who reportedly beat and punched them. They were then reportedly taken to Gahabar temple, situated between Kashaha and Musarniya. They were allegedly taken off the vehicle and told to run, and when they began running, the police is said to have opened fire at them. It is believed that the three men had been arrested under suspicion of being involved with the Maoist group. 1019. By letter dated 17 October 2002, the Special Rapporteur reminded the Government of a number of cases transmitted in 1997, 1998, 1999, 2000 and 2001 regarding which no reply had been received.
1020. On 9 January 2002, the Special Rapporteur sent an urgent appeal on behalf of Thakur Prasad Kandel, Tanka Prasad Devkota and Badri Bahadur Pandey, three teachers from Jeevan Jyoti Secondary School in Gorkha District and also members of Amnesty International, who had been arrested in December 2001 on suspicion of being members or sympathizers of the CPN (Maoist). They were believed to be held incommunicado.
1021. By letter dated 25 April 2002 the Government clarified that the three men had been arrested on suspicion of involvement in terrorist activities. The Government also informed the Special Rapporteur that by order of the District Administration Office they were placed under detention in District Jail, Gorkha, on 13 and 16 January 2002. 1022. On 22 January 2002, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the independence of judges and lawyers and the Chairman- Rapporteur of the Working Group on arbitrary detention on behalf of Sita Baidik who had reportedly been arrested on 16 January 2002 and taken to the area police office in Tulsipur. When he husband, Padam Prasad Baidik, attempted to see her in custody the following day, he was reportedly arrested as well. It was said that they had been handed over to amry officers from an army camp in the district called Bahini Adda where they were held incommunicado. It was believed that they had been arrested on grounds of their previous student activities with the Nepal National Free Students Union and an alleged membership or support of the CPN-Maoist.
1023. On 24 January 2002, the Special Rapporteur sent a joint urgent appeal with the Chairman-Rapporteur of Working Group on arbitrary detention on behalf of Bidur Khadka and his nephew, Santosh Khadka. Bidur Khadka was reportedly arrested by police on 30 December 2001, allegedly on suspicion of having been involved in a bombing on a field near the Children's Hospital in Kave District, Central Region two days earlier. The bombing is said to have been blamed on the CPN-Maoist. He was said to be held at the Banepa area police station in Kavre District. During interrogation, he was allegedly severely tortured. He is reportedly unable to walk, and bones in his hands are allegedly broken. He was said to have been taken to the Sheer Memorial Hospital in Kavre District for medical treatment four or five days after the arrest. The hospital reportedly asked the police to bring him back for follow-up treatment after seven days, but they are said not to have done so. Santosh Khadka was reportedly arrested on 19 January and threatened in order to make him implicate his uncle in the bombing. Both were believed to be held incommunicado.
1024. On 5 february 2002, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on freedom of opinion and expression on behalf of Bijay Raj Acharya, the publisher of a magazine called Srijanashil Prakashan (Creative Publications) which specializes in children's literature and political works, who had reportedly been arrested from his home in Kathmandu on 9 January 2002 by a joint team of army and police officers. On the second day of his detention, he was transferred to the Balaju Army Barracks where he was allegedly blindfolded and had his hands and legs tied, as well as subjected to electric shocks. After two days, he was reportedly transferred to Hanuman Dhoka police station, where he was permitted a visit from his relatives. Bijay Raj Acharya is believed to have been arrested because the authorities believe that through his work he may be supporting or furthering the aims of the CPN-Maoist.
1025. On 13 February 2002, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on extrajudicial, summary or arbitrary executions on behalf of Surya Prasad Sharma who was reportedly being held in incommunicado detention at an army barrack of Kalidal Gulma in the Baglung district. He had allegedly returned home on 13 January 2002 after living underground for five years as a supporter of the CPN-Maoist. He reportedly intended to surrender to the authorities, and had approached members of mainstream political parties to assist him. On 14 January, three army personnel in uniform reportedly arrested him and took him to the Kalidal Gulma army barrack for questioning. He was believed to have tried unsuccessfully to escape from custody on 22 January and to have been severely beaten. When relatives visited the army camp on 23 January, one of the army personnel reportedly told them that Surya Prasad Sharma had escaped on 21 January while he was being taken to Amalachour village, in order to show a Maoist hide-out. The soldier allegedly claimed that Surya Prasad Sharma had jumped in the Kaligandaki river on the way back to the army barrack.
1026. On 14 March 2002, the Special Rapporteur sent an urgent appeal on behalf of Gopal Budhathoki, the editor and publisher of the weekly newspaper Sanghu (Bridge), was reportedly arrested by the security forces on 3 March 2002 in Kathmandu. Although the authorities have acknowledged that he is in army custody in Kathmandu, his current whereabouts are unknown. The Prime Minister indicated on 6 March that he was being held by the army on charges of demoralizing the security forces in his publication. This comment reportedly referred to an article that appeared in Sanghu which criticized the behaviour of the army high command during the ongoing fighting with the CPN (Maoist).
1027. By letter dated 2 April 2002, the Governme nt informed the Special Rapporteur that Gopal Budhathoki had been released on 26 March 2002.
1028. On 18 March 2002, the Special Rapporteur sent an urgent appeal on behalf of Ramnath Mainali, a lawyer and member of the Supreme Court Bar Unit of the Nepal Bar Association, who had reportedly been arrested by army personnel in Kathmandu, on 14 March 2002. Army officers are then said to have denied knowledge of the arrest. His arrest was believed to be connected to his activities as lawyer with Janadesh Weekly allegedly accused of supporting the Maoist movement in Nepal. In particular, Ramnath Mainali has also been involved in filing a habeas corpus writ petition on behalf of Govinda Acharya, who assumed the role of editor of Janadesh Weekly after Krishna Sen's arrest. The Nepal Bar Association is reported to have made inquires on behalf of Ramnath Mainali with high level police officers, who denied knowledge of the arrest, and with the Ministry of Home Affairs, to no avail.
1029. On 21 March 2002, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on freedom of opinion and expression, the Special Representative on human rights defenders and the Chairman-Rapporteur of the Working Group on arbitrary detention on behalf of Shyam Shrestha, editor of Mulyankan Monthly, Dr. Mahesh Maskey, a member of the central coordination committee of the Intellectuals Solidarity Group, and Pramod Kafle, chairperson of the Group for International Solidarity (GRINSO-Nepal) on 16 March 2002 at the Tribhuvan International Airport (TIA) in Kathmandu, by security personnel while boarding a flight to New Delhi, India, to take part in a conference on the current conflict between Maoist rebels and the Nepalese government. The conference in New Delhi sought to create a peaceful political situation to the problem of Maoist insurgency. Although the military authorities have acknowledged that they are in army custody in Kathmandu, their current whereabouts were unknown.
1030. By letter dated 2 April 2002, the Government informed the Special Rapporteur that the three men named above had been released on 26 March 2002.
1031. On 30 April 2002, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the right to freedom of opinion and expression and the Chairman-Rapporteur of the Working Group on Arbitrary Detention concerning the situation of journalists and publishers whose rights are reportedly restricted under Emergency Regulations applied under the state of emergency delcared on 26 November 2001. The following journalists were said to have been detained since that day under the Terrorist and Disruptive Activities (Prevention and Control) Ordinance, 2001, which grants extensive powers to arrest people suspected of involvement in “terrorist” activities: Om Sharma, editor of the Janadisha Daily, Govinda Acharya, editor of the Janadesh Weekly, Khil Bahadur Bhandari, executive editor of the Janadesh Weekly, Deepak Sapkota, reporter for the Janadesh Weekly, Ishwor Chandra Gyawali, executive editor of the Dishabodh Monthly, and Manarishi Dhital, reporter for the Dishabodh Monthly. Sudarsan Raj Pandey, editor and publisher of Utthan weekly and Terai Today daily, was reportedly arrested on 26 March 2002. It was reported that as of 4 April 2002, he was being held incommunicado at the Suryabinayak Army Camp in Bhaktapur. Lal Prasad Sharma, reporter for the Kantipur Daily, reportedly arrested on 9 January 2002 for his reporting critical of the army. All the above-named were believed to have been arrested without a warrant and held in incommunicado detention in unknown places.
1032. On 3 June 2002, the Special Rapporteur sent an urgent appeal on behalf of Tikajung Shahi, a lawyer, who had reportedly been arrested on 29 May 2002 by four army personnel in civilian clothes. He requested permission to fetch medicines for his heart condition. He was believed to be held at the Chisapani army barracks in Nepalgunj.
1033. On 7 June 2002, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the right to freedom of opinion and expression on behalf of Shanta Shresta, General Secretary of the Association for Promoting the Welfare and Honour of the Democratic Freedom Fighters (APWHDFF) and a founder member of the Nepal Mahila Sangh (Nepal Women's Association), affiliate to the Nepali Congress Party (NC), who had reportedly been arrested on 31 May 2002 by security forces. Her current whereabouts and the reason for her arrest were unknown, but it is believed that the latter might be linked to her activities in 1950 and 1990 during the pro-democracy movements, as well as in the APWHDFF, which is a forum established to honour the activists who were involved in the pro-democracy movements.
1034. On 7 June 2002, the Special Rapporteur sent another joint urgent appeal with the Special Rapporteur on the right to freedom of opinion and expression on behalf of Som Bahadur Ghale Tamang, an indigenous rights activist, who had reportedly been arrested by police at his home in Dhumbarahi, Kathmandu on 2 June 2002, the day after he was involved in a peaceful demonstration for indigenous rights. The Nepal Tamang Ghedung (Tamang indigenous peoples organization), which campaigns for indigenous peoples rights. Nepal Tamang Ghedung and other community organizations organized a peaceful demonstration in Kathmandu on 1 June in a protest against a government ban (since June 1999) on local authorities to use of indigenous languages in official documents. It was reported that the police arrested 13 other people during and after the demonstration. The whereabouts of Som Bahadur Ghale Tamang were not known.
1035. On 21 June 2002, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the right to freedom of opinion and expression and the Chairman-Rapporteur of the Working Group on Arbitrary Detention on behalf of Pramod Kumar Shrestha, who had reportedly been arrested by the army on 9 May 2002. His whereabouts and the reasons for his were not known, although he is reportedly a member of the main opposition political party, the Communist Party of Nepal-United Marxist Leninist (CPN-UML).
1036. On 21 June 2002, the Special Rapporteur sent another joint urgent appeal with the Special Rapporteur on the right to freedom of opinion and expression and the Chairman-Rapporteur of the Working Group on Arbitrary Detention on behalf of Bipin Bhandari, Dil Bahadur Rai, Ramhari Rupakheti, Shusila Thapa (f) and Nita Gautam (f), all students, who had reportedly been arrested by police on 17 June 2002 in Kathmandu. It was reported that neither their whereabouts or the reasons for the arrest were known, although information received indicated that they are all members of the All Nepal National Independent Students' Union (Revolutionary), which had reportedly been declared a restrcited organisation after the state of emergency was delcared, as it is alleged to have links with the armed opposition Communist Party of Nepal (Maoist).
1037. By letter dated 30 September 2002, the Government informed that Bipin Bhandari, Dil Bahadur Rai, Ramhari Rupakheti and Shusila Thapa had not arrested by the police and that Nita Gautam, was under detention at Central Jail in Kathmandu.
1038. On 12 July 2002, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the rights to freedom of opinion and expression on behalf of Binod Tiwari, an assistant editor for the newspaper Ekyabaddata (Solidarity), and Meena Sharma, editor, who had reportedly been arrested by security forces on 24 May 2002. Binod Tiwari was released a few hours after his arrest and re-arrested on 29 May in Sundhara, Kathmandu. Meena Sharma was reportedly detained at the Central Jail in Kathmandu and Binod Tiwari at the Soraw Khutte police station in Thamel, Kathmandu. Binod Tiwari has been questioned at the army headquarters in Tundikhel on several occasions since his arrest. Ekyabaddata is deemed critical of the Government and to support the aims of the CPN (Maoist).
1039. On 25 July 2002, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the right to freedom of opinion and expression on behalf of Dhana Bahadur Gurung, a pro-Maoist journalist and secretary of the Federation of Nepalese Journalists' (FNJ) Kathmandu Section and FNJ Council member, who had reportedly been arrested by plainclothes security officers on 19 July 2002. His whereabouts were unknown.
1040. On 8 August 2002, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the independence of judges and lawyers on behalf of Hari Prasad Phuyal, a lawyer who had reportedly been arrested by police on 22 May 2002 in Himalipath, Biratnagar. He was reportedly taken to the District Police Office in Biratnagar, before being transferred to Morang prison under a preventative detention order. On 29 May, he was allegedly seen being supported by two men as he was not able to walk. His face was allegedly swollen. It was believed that he had been arrested in connection with his work as a lawyer representing members of the armed political group the Communist Party of Nepal (CPN).
1041. On 20 Agusut 2002, the Special Rapporteur sent an urgent appeal on behalf of Ramesh Gautam, who had reportedly been arrested by army personnel on 3 August 2002 in Maitidevi in Kathmandu. He had reportedly not been seen since then. It is believed that he may have been arrested because the security forces suspect that he and/or his relatives are members or sympathizers of the CPN (CPN) (Maoist).
1042. On 2 October 2002, the Special Rapporteur sent an urgent appeal on behalf of Chandra Bahadur Choudari, who had reportedly been arrested by army personnel on 27 August 2002 in Dhipur Village Development Committee, Dang district, Midwestern region. The army officers allegedly threatened to kill him and his mother and tied her to a tree so she could not follow them. It is believed that Chandra Bahadur Choudari was then forcibly taken away to an unknown destination. Relatives made inquiries at the local police office and with the army, but both the police and the army denied he had been arrested. 1043. On 4 October 2002, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the right to freedom of opinion and expression on behalf of Mukunda Gajural, the Secretary of Jibanpur Village Development Committee, Saligram Sapkota, Nirmal Dhakal, Uttam Phuyal, Dinas Dhakal and Gita Dhakal (f), who had reportedly been arrested on 29 September 2002 at Gagal Fadi Village Development Committee, Ward No 7, Kathmandu, by army personnel who said they were from the Sundarijal army post. They were believed to be held incommunicado at Tokha army camp. It was believed that they were suspected of supporting the activities of the banned armed opposition group, the CPN (Maoist). However, the six were reported to be active members of the main opposition party, CPN-UML.
1044. On 11 December 2002, the Special Rapporteur sent an urgent appeal on behalf of Bhogendra Yadav, who had reportedly been arrested by army personnel on 1st December 2002 in Chhapradi Chowk in Siraha town. It was believed that he was held at the Choharba army barracks. He was reportedly arrested on suspicion of supplying medicines to members of the CPN (Maoist).
1045. The Special Rapporteur regrets that no response has been provided to cases brought to the attention of the Government since 1997. He also finds that the few responses he was provided with by the Government in response to urgent appeals unsatisfactory as they do not address the concerns expressed therein. The Special Rapporteur welcomes the invitation transmitted to him to visit the country. Such visit remains on his agenda.
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This report has been published by Equipo Nizkor and Derechos Human Rights on August 2, 2005.